PRIVACY POLICY

Thank you for using Gear.com! We wrote this policy to help you understand what information we collect, the purposes for which we collect it, how we use it, and what choices you have regarding your information.

NOTE TO ALL USERS, INCLUDING INTERNATIONAL USERS: If you use our Site or Applications (as defined below) by visiting them or placing orders through them, whether from outside of the United States or not, you understand that you are voluntarily providing information to us and are accepting the practices described in this Privacy Policy. For those using the Site or Applications from outside the United States, you understand and agree that information we collect from you may be stored within or outside the United States or your home country, or may be transferred to the United States. The Site is subject to United States laws, which may not afford the same level of protection as those in your country.

Gear.com, LLC ("Gear.com", "our", "us" or "we") provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.gear.com (this "Site") and our corresponding applications for mobile devices (the "Applications") (“Site” and “Applications” are collectively referred to in this Policy as the “Service” or “Services”). This Privacy Policy applies only to information that you provide to us through the Site and Applications. This Privacy Policy may be updated from time to time. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service, accessible at https://gear.com/terms.

As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

1) Personally Identifiable Information We Collect and The Purposes For Which We Use It

When you register with us through the Site or Applications to become a Member of Gear.com, we may ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you ("Personal Information"). Personal Information includes, but is not limited to, your name, username, phone number, credit card and other billing information, email address, shipping address, and your friends’ email addresses (which we will only use in order to invite them to use the Service), and in some cases your Internet Protocol address if it is combined with other information. We may also collect information you supply to us regarding your personal preferences and interests. You can choose not to provide us with any or all of the information we specify or request, but then you may not be able to register with us or to take advantage of some or all of our features provided through the Services. You can register to join Gear.comvia the Site or Applications or by logging into your account with Google or certain third party social networking sites ("SNS") (including Facebook and Twitter) via our Site. If you decide to create your Account by logging into Google or a SNS via the Site, we may extract the Personal Information you have provided to Google or the SNS (such as your "real" name, email address and other information you make publicly available via Google or the SNS) from the account you have with Google or such SNS and use that information to create your Account; the information we extract may depend on the privacy settings you have with Google or the SNS.

We use your Personal Information mainly to provide the Service and administer your inquiries. We will create your Account for your use of the Site and Applications based upon the Personal Information you provide and you will become a Member of Gear.

We also collect the other information that you provide as part of registration and the administration and personalization of your profile webpage on Gear.com (e.g., without limitation, age and individual preferences) ("Non-Identifying Information").

We also collect the other information that you provide as part of registration and the administration and personalization of your profile webpage on Gear.com (e.g., without limitation, age and individual preferences) ("Non-Identifying Information").

Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Gear.com Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Services and to analyze and understand how our Site, Applications and Services are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.

Marketing to You.

We also use your Personal Information to contact you with Gear.com newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your "preferences" information. (See "Changing or Deleting Information," below.)

Log Data.

When you visit the Site or Applications, or use our Services, whether as a Member or a non-registered user just browsing (any of these, a "Gear.com User"), our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your Internet Protocol address, the browser type or the webpage you were visiting before you came to our Site and Application, pages of our Site and Application that you visit, the time spent on those pages, information you search for on our Site and Application, access times and dates, and other statistics. We may use this information to monitor and analyze use of the Site, Applications and the Service and for the Site and Applications’ technical administration, to increase our Site and Applications’ functionality and user-friendliness, and to better tailor our Site and Applications to our visitors’ needs. For example, some of this information is collected so that when you visit the Site and Application again, it may recognize you and serve advertisements and other information appropriate to your interests. We also use this information to verify that visitors to the Site and Application meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.

Device Information.

In addition to Log Data, we may also collect information about the device you’re using Gear.com on, including what type of device it is, what operating system you’re using, device settings, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you’re using and its settings. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider

2) Cookies

Like many websites, our Site and Applications use "cookies" to collect information. A cookie is a small data file that we transfer to your computer or mobile device’s hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your login information for future logins to the Site and Applications. Persistent cookies allow us to identify when you sign-in to our Site, recognize you as a member, and provide other customized features. Second, we utilize session ID cookies to enable certain features of the Site and Applications, to better understand how you interact with the Site and Applications and to monitor aggregate usage by Gear.com Users and web traffic routing on the Site and Applications. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site, Applications and Service and then close your browser. We may also use cookies for other purposes such as improving security, protecting the Site or Applications from fraudulent activity, conducting research, analytics, or diagnostics to improve the Site, Applications, or Service, or save specified preferences that you have selected. Third party advertisers on the Site and Applications may also place or read cookies on your browser.

If you do not wish to accept

cookies, you can instruct your browser, by changing its options or settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site and Applications or all functionality or features of the Service.By visiting the Site or using the Applications with your browser settings adjusted to accept cookies informs us that you desire to utilize our Site and Applications and the Services provided through them and that you consent to our use of cookies to provide such Services to you as described in this Privacy Policy.

3) Information Sharing and Disclosure

Gear.com Users.

When you register through the Site and Applications and submit Personal Information to create a profile or visual collection, Gear.com Users may see your name. If you choose to provide additional Personal Information in your profile, Gear.com Users may see such additional Personal Information, including, but not limited to, your photo, location, website and biography. Providing additional Personal Information is voluntary and should correlate with the degree of interaction you want to have with Gear.com Users. We recommend that you guard your sensitive information.

Aggregate Information and Non-Identifying Information.

We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

Service Providers.

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site and Application-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site and Application’s features) to assist us in analyzing how our Site, Applications and Service are used, or to perform other services (e.g. without limitation, processing and fulfillment of orders, delivering packages, sending postal mail and e-mail, providing marketing assistance, processing credit card payments during ordering and providing customer service). These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Social Networking Sites.

We may share the information in your account (including your Personal Information) with the SNSs that you have linked to your account. These third parties have access to your Personal Information only for this purpose (unless the SNS has received your Personal Information independently of the Service) and are obligated not to disclose or use it for any other purpose.

Facebook Connect.

We allow users to automatically post recent activity back to Facebook, and give them the option to disable Facebook Connect at any time by logging into their profile and selecting the option to disable Facebook Connect. Further, you may be able to edit your privacy settings for the content that you post which appears on Facebook by making selections in your “Edit Profile” settings via the Site and Applications.

Compliance with Laws and Law Enforcement.

Gear.com may cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we believe necessary or appropriate to respond to claims and legal process (including, but not limited to, subpoenas), to protect the property and rights of Gear.com or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

Business Transfers.

Gear.com may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

4) Changing or Deleting Your Information or Requesting No Further Use of Your Information

All Members may review, update, correct or delete the Personal Information in their Account by contacting us at the following email address: support@gear.com or by editing such profile via the Site and Applications. If you completely delete all such information, then your Account may become deactivated. You may also contact us at the foregoing email address to submit a request that we make no further use of your information. We will use commercially reasonable efforts to honor all requests within a commercially reasonable time. We may retain an archived copy of your records as required by law or for legitimate business purposes.

5) Security

AWe work to protect the security of your Personal Information. We maintain a variety of physical, electronic, and procedural safeguards when it comes to collecting, storing, and disclosing Personal Information. For example, we take steps to protect against unauthorized access to our systems that store Personal Information such as by using policies limiting access to those systems to authorized personnel.

When you order products or services through the Site or Applications, we employ the abovementioned safeguards for the transmission of the information from you to us. For example, we may use Secure Sockets Layer (SSL) protocol or encryption technologies.You should keep your user name(s), password(s), or other access information safe and confidential to protect against unauthorized access to your account information or computer. You should adopt passwords that others cannot figure out easily. You should also be sure to sign off of your computer or any shared computers when you are finished using them.

We may make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site or via the Application in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the Site, Applications, or data system.

6) International Transfer

AFor the reasons specified in this Privacy Policy for which we collect your information, such as for providing you with the Site, Applications, or Services your information may be transferred to and stored on computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Gear.com transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. We make all reasonably commercial efforts to keep such information secure as specified in this Privacy Policy. (See “Security”, above).

7) Links to Other Sites

AOur Site and Applications may contain links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer or mobile device, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

8) Our Policy Towards Children

AOur Site, the Applications, and the Services we provide are not directed to children under the age of 13 years. We do not knowingly collect personally identifiable information from children under 13 years of age. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at support@gear.com. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files. Similarly, we do not seek to collect personal information from children under the legal age of majority in any country where the information is collected, nor are the Site, Applications, or Services directed to such children in another country. Children should ask their parents or guardians for permission before disclosing any personal information. If we become aware that a child under the legal age of majority in another country has provided personal information, we will delete such information from our files. By continuing to use the Site or Applications and/or providing any personal information to us, you represent and warrant that you are not under 13 years of age or, if using the Site or Applications from another country and/or providing information to us from another country, are not under the legal age of majority in that country.

9) How to Contact Us

AIf you have any questions about this Policy or any of the practices described herein, please contact us at 6385 S Rainbow Blvd, Ste 120, Las Vegas, NV 89118, Tel: 888-699-6858, or send us an email at: support@gear.com.

10) Terms of Service, Notices, and Updates to Privacy Policy

AWe also want to advise you that if you decide to visit the Site, or use our Applications or Services, your visit and any potential or actual dispute concerning privacy is subject to this Privacy Policy and our Terms of Service, including but not limited to, limitations on damages and resolution of disputes. As noted above in this Privacy Policy about how to contact us, in the event you have any concern regarding privacy in connection with the Site, our Applications, or Services, we encourage you to contact us with a full and complete description of the issues, and we will do our best to resolve any issues as soon as commercially practicable.

Because our business may change from time to time, we may have to make changes to this Privacy Policy or our Terms of Service. We therefore reserve the right to amend this Privacy Policy or our Terms of Service from time to time. We may e-mail periodic reminders of our changes to our Privacy Policy or Terms of Service, but you should periodically check our Site or the Applications, as the case may be, to familiarize yourself with our most current Privacy Policy or Terms of Service. Any changes we make to our Privacy Policy or Terms of Service will become effective upon posting of the revised version(s) to our Site or Applications, as the case may be. Unless we advise you otherwise, our most current Privacy Policy and Terms of Service applies to all information that we have about you and your account.